Senate File 543 - Introduced SENATE FILE 543 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1168) (COMPANION TO LSB 1405HV BY COMMITTEE ON PUBLIC SAFETY) A BILL FOR An Act relating to the carrying, transportation, and possession 1 of weapons by certain persons and in certain locations, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1405SV (2) 90 js/rh
S.F. 543 DIVISION I 1 EMPLOYER POLICIES REGARDING FIREARMS AND AMMUNITION 2 DEPARTMENT OF CORRECTIONS AND OTHER DETENTION FACILITIES 3 PARKING LOTS 4 Section 1. Section 719.7, subsection 3, paragraph a, Code 5 2023, is amended to read as follows: 6 a. Knowingly introduces contraband into, or onto, the 7 grounds of a secure facility for the detention or custody 8 of juveniles, detention facility, jail, community-based 9 correctional facility, correctional institution, or institution 10 under the management of the department of corrections. This 11 paragraph does not prohibit the otherwise lawful carrying, 12 transportation, or possession of a firearm or ammunition if 13 the firearm or ammunition remains out of sight and inside a 14 locked vehicle on the real property comprising the publicly 15 accessible, nonsecure parking lot of the facility, jail, or 16 institution. 17 Sec. 2. NEW SECTION . 724.4F Limitation on employers 18 firearms and ammunition. 19 1. For purposes of this section: 20 a. Employee means the same as defined in section 91A.2. 21 Employee also includes a contract employee or volunteer. 22 b. Place of employment includes any property, including 23 a secure parking lot, that is used for parking motor vehicles 24 and is available to an employers customers, employees, or 25 invitees for temporary or long-term parking or storage of motor 26 vehicles. 27 2. An employer shall not prohibit an employee from carrying, 28 transporting, or possessing a firearm or ammunition if the 29 firearm and ammunition are out of sight and inside a locked, 30 privately owned motor vehicle on the real property comprising 31 the employees place of employment and if the carrying, 32 transportation, or possession of the firearm or ammunition is 33 otherwise lawful under the laws of this state. 34 3. An employer, owner, or lawful possessor of the property 35 -1- LSB 1405SV (2) 90 js/rh 1/ 10
S.F. 543 on which the employer is located shall be immune from any 1 claim, cause of action, or lawsuit brought by any person 2 seeking damages that are alleged, directly or indirectly, as a 3 result of any firearm or ammunition brought onto the property 4 of the employer, owner, or lawful possessor by an employee 5 pursuant to this section. 6 4. An employer may prohibit an employee from carrying, 7 transporting, or possessing a firearm or ammunition in a 8 vehicle owned or leased by the employer or otherwise under the 9 employers control or possession. 10 5. The prohibitions in this section shall apply to all 11 private employers and to all state and local governmental 12 entities of this state as defined in section 8A.101. 13 6. This section shall not apply to the extent that it 14 violates federal or other state law or the terms of a contract 15 with a federal entity. 16 Sec. 3. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 DIVISION II 19 FIREARMS ON SCHOOL PROPERTY 20 Sec. 4. NEW SECTION . 285.17 Weapons in school vehicles 21 transporting pupils. 22 When transportation is provided pursuant to this chapter, 23 a driver shall not permit firearms or other weapons, nor 24 ammunition, to be carried in the passenger compartment of any 25 school vehicle transporting pupils except when the school 26 district or nonpublic school authorizes or directs a person 27 to carry, transport, or possess a firearm, other weapon, or 28 ammunition in the school vehicle. 29 Sec. 5. Section 724.4B, subsection 2, Code 2023, is amended 30 by adding the following new paragraphs: 31 NEW PARAGRAPH . i. A person, whether a driver or passenger 32 and including a person authorized or directed pursuant to 33 section 285.17, while the person is dropping off or picking 34 up from a school a student, staff member, or other person 35 -2- LSB 1405SV (2) 90 js/rh 2/ 10
S.F. 543 having business at the school, or while the person is making 1 a delivery or pickup at a school, who has in the persons 2 possession a valid permit to carry weapons issued pursuant 3 to section 724.7, while going armed with, carrying, or 4 transporting a concealed pistol or revolver if the concealed 5 pistol or revolver remains in the vehicle and the vehicle 6 remains on the portion of the grounds of the school that 7 comprises its driveways and parking areas. The vehicle shall 8 be locked when unattended. 9 NEW PARAGRAPH . j. A person retired under chapter 97A 10 or 411, or section 97B.49B or 97B.49C, after service as a 11 peace officer who retired in good standing, who maintains 12 certification, and who, during the most recent twelve-month 13 period, has met the standards for qualifications in firearm 14 safety training determined by the state agency or political 15 subdivision that the person formerly served. 16 Sec. 6. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 DIVISION III 19 DANGEROUS WEAPONS IN VEHICLES AT REGENTS UNIVERSITIES AND 20 COMMUNITY COLLEGE CAMPUSES 21 Sec. 7. NEW SECTION . 260C.14B Limitation on authority 22 dangerous weapons. 23 The board of directors of a community college shall comply 24 with the requirements of section 724.8C regarding policies and 25 rules relating to the carrying, transportation, or possession 26 of dangerous weapons, as defined in section 702.7, in a 27 personal vehicle on the grounds of the community college. 28 Sec. 8. NEW SECTION . 262.9E Limitation on authority 29 dangerous weapons. 30 The state board of regents shall comply with the 31 requirements of section 724.8C regarding policies and rules 32 relating to the carrying, transportation, or possession of 33 dangerous weapons, as defined in section 702.7, in a personal 34 vehicle on the grounds of a university under the control of the 35 -3- LSB 1405SV (2) 90 js/rh 3/ 10
S.F. 543 state board of regents. 1 Sec. 9. NEW SECTION . 724.8C Limitation on authority 2 dangerous weapons public universities and community colleges. 3 The governing board of a university under the control 4 of the state board of regents as provided in chapter 262 5 or a community college under the jurisdiction of a board 6 of directors for a merged area as provided in chapter 260C 7 shall not adopt or enforce any policy or rule that prohibits 8 the carrying, transportation, or possession of any dangerous 9 weapon, as defined in section 702.7, in a locked, personal 10 vehicle on the grounds of such a college or university if the 11 dangerous weapon is not visible from outside of the vehicle 12 and such carrying, transportation, or possession is not 13 otherwise prohibited under this chapter. A governing board 14 of a university or community college shall be immune from 15 any claim, cause of action, or lawsuit by a person seeking 16 damages that are alleged, directly or indirectly, as a result 17 of any concealed dangerous weapon brought onto the grounds of 18 a university or college campus by a person pursuant to this 19 section. 20 DIVISION IV 21 INSURANCE COVERAGE FIREARMS ON SCHOOL GROUNDS 22 Sec. 10. NEW SECTION . 515.80 Nondenial of property and 23 casualty insurance schools. 24 1. For purposes of this section, unless the context 25 otherwise requires: 26 a. Authorized insurer means an insurer authorized by 27 the commissioner of insurance to write property and casualty 28 insurance under a certificate of authority issued by the 29 commissioner to transact insurance in this state. 30 b. School means a public or nonpublic school as defined 31 in section 280.2. 32 2. No later than December 31, 2023, the commissioner of 33 insurance shall adopt rules that prohibit an authorized insurer 34 from denying property and casualty insurance to a school 35 -4- LSB 1405SV (2) 90 js/rh 4/ 10
S.F. 543 based solely on the presence of a person authorized under 1 section 724.4B, subsection 2, going armed with, carrying, or 2 transporting a firearm on the grounds of a school. 3 3. The rules adopted by the commissioner of insurance under 4 subsection 2 shall apply to all authorized insurers that, on or 5 after January 1, 2024, deliver, issue for delivery, continue, 6 or renew a property and casualty contract in this state for a 7 school. 8 DIVISION V 9 GUNS IN VEHICLES ON PUBLIC HIGHWAYS 10 Sec. 11. Section 805.8B, subsection 3, paragraph q, Code 11 2023, is amended by striking the paragraph. 12 Sec. 12. REPEAL. Section 483A.36, Code 2023, is repealed. 13 Sec. 13. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. 15 DIVISION VI 16 CARRYING FIREARMS ON SNOWMOBILES AND ALL-TERRAIN VEHICLES 17 Sec. 14. Section 321G.13, subsection 2, Code 2023, is 18 amended to read as follows: 19 2. a. A person shall not operate or ride a snowmobile with 20 a firearm in the persons possession unless it is unloaded and 21 enclosed in a carrying case, except as otherwise provided. 22 However, a nonambulatory person may carry an uncased and 23 unloaded firearm while operating or riding a snowmobile. 24 b. (1) A person may operate or ride a snowmobile with a 25 loaded firearm, whether concealed or not, without a permit to 26 carry weapons, if the person operates or rides on land owned, 27 possessed, or rented by the person and the persons conduct is 28 otherwise lawful. 29 (2) A person may operate or ride a snowmobile with a loaded 30 pistol or revolver, whether concealed or not, if the person is 31 operating or riding the snowmobile on land that is not owned, 32 possessed, or rented by the person, and the persons conduct is 33 otherwise lawful. 34 c. A person shall not discharge a firearm while on a 35 -5- LSB 1405SV (2) 90 js/rh 5/ 10
S.F. 543 snowmobile, except that a nonambulatory person may discharge a 1 firearm from a snowmobile while lawfully hunting if the person 2 is not operating or riding a moving snowmobile. 3 Sec. 15. Section 321I.14, subsection 2, Code 2023, is 4 amended to read as follows: 5 2. a. A person shall not operate or ride an all-terrain 6 vehicle with a firearm in the persons possession unless it is 7 unloaded and enclosed in a carrying case, except as otherwise 8 provided. However, a nonambulatory person may carry an uncased 9 and unloaded firearm while operating or riding an all-terrain 10 vehicle. 11 b. (1) A person may operate or ride an all-terrain vehicle 12 with a loaded firearm, whether concealed or not, without a 13 permit to carry weapons, if the person operates or rides on 14 land owned, possessed, or rented by the person and the persons 15 conduct is otherwise lawful. 16 (2) A person may operate or ride an all-terrain vehicle with 17 a loaded pistol or revolver, whether concealed or not, if the 18 person is operating or riding the all-terrain vehicle on land 19 that is not owned, possessed, or rented by the person, and the 20 persons conduct is otherwise lawful. 21 c. A person shall not discharge a firearm while on an 22 all-terrain vehicle, except that a nonambulatory person may 23 discharge a firearm from an all-terrain vehicle while lawfully 24 hunting if the person is not operating or riding a moving 25 all-terrain vehicle. 26 Sec. 16. EFFECTIVE DATE. This division of this Act, being 27 deemed of immediate importance, takes effect upon enactment. 28 DIVISION VII 29 FIREARMS ON PROPERTIES LICENSED TO CONDUCT GAMBLING GAMES OR 30 SPORTS WAGERING 31 Sec. 17. NEW SECTION . 99D.7A Limitations on rules. 32 Rules adopted pursuant to section 99D.7 shall not prohibit 33 a licensee from authorizing a person to possess a firearm on 34 the licensees property. This subsection does not prohibit 35 -6- LSB 1405SV (2) 90 js/rh 6/ 10
S.F. 543 a licensee from adopting a policy limiting the possession of 1 firearms on the licensees property. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanations substance by the members of the general assembly. 5 This bill relates to the carrying, transportation, and 6 possession of weapons by certain persons and in certain 7 locations. The bill is organized by divisions. 8 DIVISION I EMPLOYER POLICIES REGARDING FIREARMS AND 9 AMMUNITION DEPARTMENT OF CORRECTIONS AND OTHER DETENTION 10 FACILITIES PARKING LOTS. The bill provides that the current 11 prohibition against introducing contraband into, or onto, 12 the grounds of certain facilities and institutions under the 13 jurisdiction of the department of corrections does not apply to 14 the otherwise lawful carrying, transportation, or possession of 15 a firearm or ammunition if the firearm or ammunition remains 16 out of sight and inside a locked vehicle on the real property 17 comprising the publicly accessible, nonsecure parking lot of 18 the secure facility, jail, or institution. 19 The bill prohibits an employer from prohibiting an employee 20 from carrying, possessing, or transporting a firearm or 21 ammunition on the real property comprising the employees place 22 of employment if the firearm or ammunition is out of sight 23 and inside a locked, privately owned motor vehicle and if the 24 carrying, transportation, or possession of the firearm or 25 ammunition is otherwise lawful under the laws of this state. 26 The bill defines employee, which includes a contract employee 27 or volunteer. The bill provides that an employer, owner, 28 or lawful possessor of the property on which the employer 29 is located is immune from any claim, cause of action, or 30 lawsuit seeking damages alleged as a result of any firearm 31 brought onto the property of the employer, owner, or lawful 32 possessor on which the employer is located by an employee. The 33 bill provides situations for which an employer may prohibit 34 the carrying, transportation, or possession of firearms and 35 -7- LSB 1405SV (2) 90 js/rh 7/ 10
S.F. 543 ammunition. 1 This division of the bill takes effect upon enactment. 2 DIVISION II FIREARMS ON SCHOOL PROPERTY. Under 3 current administrative rules, the driver of a school vehicle 4 transporting pupils shall not permit firearms or other weapons, 5 nor ammunition, to be carried in the passenger compartment. 6 The bill allows a school district or nonpublic school to 7 authorize or direct a person to carry, transport, or possess a 8 firearm, other weapon, or ammunition in a school vehicle. 9 Current law generally prohibits a person from going 10 armed with, carrying, or transporting a firearm of any kind, 11 whether concealed or not, on the grounds of a school. The 12 bill authorizes a person, whether a driver or passenger and 13 including a person authorized or directed pursuant to the bill, 14 while the person is dropping off or picking up from a school a 15 student, staff member, or other person having business at the 16 school, or while the person is making a delivery or pickup at a 17 school, who has in the persons possession a valid permit to 18 carry weapons to go armed with, carry, or transport a concealed 19 pistol or revolver on school grounds if the concealed pistol 20 or revolver remains in the vehicle and the vehicle remains on 21 the portion of the grounds of the school that comprises its 22 driveways and parking areas. The vehicle shall be locked when 23 unattended. The bill also authorizes a retired peace officer 24 to go armed with, carry, or transport a firearm on the grounds 25 of a school if the retired peace officer retired in good 26 standing, maintains certification, and, during the most recent 27 12-month period, has met the standards for qualifications in 28 firearm safety training determined by the state agency or 29 political subdivision that the individual formerly served. 30 This division of the bill takes effect upon enactment. 31 DIVISION III DANGEROUS WEAPONS IN VEHICLES AT REGENTS 32 UNIVERSITIES AND COMMUNITY COLLEGE CAMPUSES. The bill provides 33 that the governing board of a university under the control of 34 the state board of regents as provided in Code chapter 262 35 -8- LSB 1405SV (2) 90 js/rh 8/ 10
S.F. 543 or a community college under the jurisdiction of a board of 1 directors for a merged area as provided in Code chapter 260C 2 shall not adopt or enforce any policy or rule that prohibits 3 the carrying, transportation, or possession of any dangerous 4 weapon, as defined in Code section 702.7, in a locked, personal 5 vehicle on the grounds of such a college or university if the 6 dangerous weapon is not visible from outside of the vehicle and 7 such carrying, transportation, or possession is not otherwise 8 prohibited under Code chapter 724. 9 A dangerous weapon is any instrument or device designed 10 primarily for use in inflicting death or injury upon a human 11 being or animal, and that is capable of inflicting death upon a 12 human being when used in the manner for which it was designed, 13 except a bow and arrow when possessed and used for hunting or 14 any other lawful purpose. Additionally, any instrument or 15 device of any sort whatsoever that is actually used in such a 16 manner as to indicate that the defendant intends to inflict 17 death or serious injury upon the other, and that, when so 18 used, is capable of inflicting death upon a human being, is a 19 dangerous weapon. Dangerous weapons, as amended in the bill, 20 include but are not limited to any pistol, revolver, or other 21 firearm, dagger, razor, stiletto, switchblade knife, knife 22 having a blade exceeding five inches in length, or any portable 23 device or weapon directing an electric current, impulse, 24 wave, or beam that produces a high-voltage pulse designed to 25 immobilize a person. 26 DIVISION IV INSURANCE COVERAGE FIREARMS ON SCHOOL 27 GROUNDS. The bill requires the commissioner of insurance to 28 adopt rules no later than December 31, 2023, to prohibit an 29 authorized insurer from denying property or casualty insurance 30 to a school based solely on the presence of a person who 31 lawfully goes armed with, carries, or transports a firearm on 32 the grounds of a school. 33 DIVISION V GUNS IN VEHICLES ON PUBLIC HIGHWAYS. Unless 34 otherwise permitted by law, current law generally prohibits 35 -9- LSB 1405SV (2) 90 js/rh 9/ 10
S.F. 543 a person from having or carrying a gun in or on a vehicle 1 on a public highway unless the gun is taken down or totally 2 contained in a fastened case and with its barrels and attached 3 magazines unloaded. A person conveying an assembled, unloaded 4 gun is subject to a scheduled fine of $35. A person conveying 5 a loaded gun is subject to a scheduled fine of $70. The bill 6 repeals the prohibition and strikes the associated scheduled 7 fines. 8 This division of the bill takes effect upon enactment. 9 DIVISION VI CARRYING FIREARMS ON SNOWMOBILES AND 10 ALL-TERRAIN VEHICLES. Current law prohibits a person from 11 operating or riding a snowmobile or all-terrain vehicle with a 12 loaded firearm in the persons possession unless the person is 13 operating or riding the snowmobile or all-terrain vehicle on 14 land that is owned, possessed, or rented by the person, and the 15 persons conduct is otherwise lawful. Additionally, a person 16 may operate or ride a snowmobile or all-terrain vehicle with a 17 loaded pistol or revolver on land that is not owned, possessed, 18 or rented by the person if the persons conduct is otherwise 19 lawful. The bill strikes these prohibitions and exceptions. 20 This division of the bill takes effect upon enactment. 21 DIVISION VII FIREARMS ON PROPERTIES LICENSED TO CONDUCT 22 GAMBLING GAMES OR SPORTS WAGERING. Current administrative 23 rules prevent a patron or employee of a facility licensed to 24 conduct gambling games or sports wagering from possessing any 25 pistol or firearm within the licensed facility without the 26 express written approval of the administrator of the racing 27 and gaming commission (commission). The bill provides that 28 the administrative rules adopted by the commission shall not 29 prohibit a licensee from authorizing a person to possess a 30 firearm on the licensees property. The bill does not prohibit 31 a licensee from adopting a policy limiting the possession of 32 firearms on the licensees property. 33 -10- LSB 1405SV (2) 90 js/rh 10/ 10